Legal Question in Criminal Law in Iowa

1 guy accused 2 other guys of armed robbery. The police came and arrested both of the guys and searched the vehicle in which the "armed robbery" happened in and found nothing, they came to the house where they both live and searched the house and did not find a gun, ammo, or anything of the sort. There is no evidence saying that they have ever had a gun (because they haven't) but there aren't any alibis either. The 2 guys were with the man but the guy got aggresive and they let him out of the car on a gravel road and the guy asked them if he could have the beer that was in the car and they said yes then he gave them about $100 cash out of his wallet and they drove off then he claimed "armed robbery". what could happen to the innocent guys? They can't possibly be proven guilty. also, how long will it take for them to get out of jail. They ARE innocent, but I've heard they can be held up to 90 days, without evidence. and the 2 guys were interrogated (separately) and both of their stories matched up. All they have against them right now, is that they were with the guy (and the 2 confirmed that) but there was never a gun, and never a robbery, just an angry guy that wanted to get back at them for leaving him on a gravel road.


Asked on 2/09/13, 4:38 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

It is not necessary to have a gun to be accused of robbery-first degree. Iowa Code 711.2 says:

711.2 ROBBERY IN THE FIRST DEGREE.

A person commits robbery in the first degree when, while

perpetrating a robbery, the person purposely inflicts or attempts to

inflict serious injury, or is armed with a dangerous weapon. Robbery

in the first degree is a class "B" felony.

Also, just because the cops don't find the weapon the complainant says it existed, right? That's evidence.

You say they can't possibly be proven guilty, but the state thinks otherwise. If your friends think they can win this with this story, that is what trials are for. If they were arrested, the state must bring them to trial within 90 days IF they have not waived their right to a speedy trial. IF they can't make bail, they stay in the county jail until trial.

Best of luck to them.

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Answered on 2/09/13, 9:03 pm


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